Appeal No. 95-4237
Application 07/887,002
transpirational control device. As to the flow of fluid with
respect to the porous skin and plenum in Lurz, clearly the
sections 6, 6’ and interconnection 2, 7, 8, 8’ of Lurz are
arranged such that fluid from a high pressure area (high
pressure zone 4) on the surface of the member enters the
plenum (flow channel 2) through the porous outer skin (at
suction inlet 6) and exits the plenum through the porous outer
skin (at blowing outlet 6’) into a low pressure area (low
pressure zone 3) on the surface of the member 5, as called for
by claim 1. In addition, in that the throttle valve 7 of Lurz
controls a condition (flow quantity) in the plenum that
affects pressure upstream and downstream of the surface
disturbance 1, the valve reasonably appears to be capable of
controlling pressure load on the member 5, at least to some
degree, as called for in the last paragraph of claim 1. In
light of the foregoing, the examiner’s rejection of claim 1 as
being anticipated by Lurz is well founded.
Appellants’ arguments on pages 10-11 of the brief with
respect to the rejection based on Lurz are not persuasive that
the examiner erred in rejecting claim 1 as being anticipated
by Lurz. While we appreciate that there may very well be
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